# Estates and Trusts (GET)

## Title 15. Fiduciaries

### Subtitle 6. Maryland Fiduciary Access to Digital Assets Act

#### Section 15-614

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:

  (1) The duty of care;

  (2) The duty of loyalty; and

  (3) The duty of confidentiality.

(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

  (1) Except as otherwise provided in Sec. 15-603 of this subtitle, is subject to the applicable terms of service;

  (2) Is subject to other applicable law, including copyright law;

  (3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and

  (4) May not be used to impersonate the user.

(c) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access a digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including Sec. 7-302 of the Criminal Law Article.

(e) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:

  (1) Has the right to access the property and the digital assets stored in it; and

  (2) Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including Sec. 7-302 of the Criminal Law Article.

(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

(g)

  (1) A fiduciary of a user may request a custodian to terminate the user's account.

  (2) The fiduciary shall submit the request for termination to the custodian in writing, in either physical or electronic form, accompanied by:

    (i) If the user is deceased, a copy of the death certificate of the user;

    (ii) A copy of the letters of administration of the personal representative or court order appointing a special administrator, power of attorney, or trust granting the fiduciary authority over the account; and

    (iii) If requested by the custodian:

      (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

      (2) Evidence linking the account to the user; or

      (3) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in item 1 of this item.

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)